terms of use

Welcome to EarthProtect.com!

Please read this Visitor Agreement; by using this website, you accept its terms as a legal agreement between yourself and Earth Protect, Inc. with a principal office Denver, CO area. The terms also include the privacy policy and copy right policy. You may not use the services and may not accept the terms if you are under the legal age to form a binding contract with Earth Protect Inc. for use of their sites or if you are a person who is either barred or otherwise legally prohibited from receiving or using the services under the laws of the country in which you are resident or from which you access or use the services.You should print or save a local copy of the Terms for your records.

Additional terms and conditions may apply to some services offered on the Earth Protect Sites. Such terms and conditions may be found at the place where the relevant service is offered.

The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use any of the Earth Protect Sites after we post any such changes, you accept this Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue the Earth Protect Sites, or any portion of the Earth Protect Sites, at any time. Earth Protect respects the privacy of our users. Please take a few minutes to review our Privacy Policy.

If you disagree with any material you find on the Earth Protect Sites, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at the contact provided in the Contact Us section of the Site. Earth Protect’s Site is for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Earth Protect’s Site, you should confirm any facts that are important to your decision. Earth Protect and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Earth Protect Sites. Earth Protect is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Earth Protect or its licensors.

USER-GENERATED VIDEO

In submitting user-generated video to the Earth Protect Site, you agree to the following terms and conditions:

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant Earth Protect, Inc. and its joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Earth Protect Parties may or may not earn or generate through its use of your Video Submission.

Earth Protect’s Parties’ Right to Use Your Video Submission. You grant the Earth Protect Parties the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the Earth Protect Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Earth Protect Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.

Clearance of Your Video Submission for the Earth Protect Parties’ Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Earth Protect Parties’ use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Earth Protect Parties’ use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party.

Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the Earth Protect Parties, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

Release and Waiver; Indemnification. You acknowledge that the Earth Protect Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the Earth Protect Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein. CHAT ROOMS, FORUMS AND BLOGS

Earth Protect wants to encourage an open exchange of information and ideas. But we cannot and do not review every posting made in chat rooms, forums, blogs and other public posting areas. You can expect these areas to include content, information and opinions from a variety of individuals and organizations other than Earth Protect. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted in the chat rooms, forums, blogs and other public posting areas on the Earth Protect Sites lies with each user — you alone are responsible for material you post. By using the Earth Protect Sites, you agree not to post or transmit any libelous, defamatory, abusive, obscene, pornographic, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Earth Protect Sites or that infringes on the rights of others. You may not post or transmit any message anonymously or under a false name. You may not permit any person to access, using your account, any features of the Earth Protect Sites that may require registration. You may not post a single message to more than five areas of any Earth Protect Site, or post any message to any area of the Earth Protect Sites if that message is, in our view, off-topic or in violation of this Visitor Agreement. We retain the right to deny access to anyone who we believe in our sole discretion has violated these terms or any other term of this Visitor Agreement.

Although Earth Protect cannot monitor all the postings in the chat rooms, forums, blogs and other public posting areas, we reserve the right (but assume no obligation) to delete, move or edit any postings, including without limitation any Video Submissions, that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

Earth Protect requires you not to use the Earth Protect Sites to violate anyone’s copyright, trademark or other intellectual property rights. By submitting material to the Earth Protect Sites, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. USE OF MATERIALS

With the exception of any and all Video Submissions of yours, all material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of Earth Protect and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Please also note the last paragraph in the “Chat Rooms, Forums and Blogs” section above.

The materials available through the Earth Protect Sites are the property of Earth Protect or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Earth Protect Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Earth Protect Sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on the Earth Protect Sites, and to tell them how to find it. LINKING

We welcome links to the Earth Protect Sites. You are usually free to establish a hypertext link to any of the Earth Protect Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the Earth Protect Sites or by Earth Protect. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Earth Protect Sites.

NO SOLICITING

You agree not to use the Earth Protect Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

NO SPAMMING OR SPIMMING

From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.

NO FRAMING

Without the prior written permission of Earth Protect, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Earth Protect Sites, or incorporate any intellectual property of the Earth Protect Sites, Earth Protect, Inc. or any of their licensors into another website or other service.

TRADEMARKS

We don’t want anyone to be confused as to which materials and services are provided by Earth Protect and which are not. You may not use any trademark or service mark appearing on the Earth Protect Sites without the prior written consent of the owner of the mark.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make the Earth Protect Sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the Earth Protect Sites.

YOU AGREE THAT YOUR USE OF THE EARTH PROTECT SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE EARTH PROTECT SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY EARTH PROTECT SITE OR ANY MATERIAL AVAILABLE THROUGH THE EARTH PROTECT SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE EARTH PROTECT SITES.

THE EARTH PROTECT SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE EARTH PROTECT SITES, EARTH PROTECT, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE EARTH PROTECT SITES, NOR DO THEY GUARANTEE THAT THE EARTH PROTECT SITES WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE EARTH PROTECT SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL THE EARTH PROTECT SITES, EARTH PROTECT, INC. OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE EARTH PROTECT SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE EARTH PROTECT SITES, EARTH PROTECT, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE EARTH PROTECT SITES, EARTH PROTECT, INC. AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE EARTH PROTECT SITES WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO EARTH PROTECT, INC. FOR THE USE OF THE DISCOVERY SITES.

MISCELLANEOUS

The Earth Protect staff works hard to ensure that information we post to the Earth Protect Sites is both timely and accurate. But the news changes over time and reports that were accurate when posted may quickly become old news. Though we may post follow-up reports, and may continue to provide access to the original report, as in an archive of news stories, for example, we don’t go back and change the original report to reflect new developments. If you’re looking for the most recent information on a given subject, and not the history of how the story unfolded, be sure you’re not looking at an out-of-date report.

To obtain access to certain services on the Earth Protect Sites, you may be given an opportunity to register with the Earth Protect Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter any Earth Protect Site under the name of, another person. Earth Protect reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify Earth Protect of any known or suspected unauthorized use of your account. You must be at least 13 years old to register on EarthProtect.com. Please inform Earth Protect if there is a change in the information you provided at the time of your initial registration, including any change of address or name, by contacting our representatives through the Contact Us information on www.EarthProtect.com.

You agree to indemnify, defend and hold harmless Earth Protect, Inc., its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any Earth Protect Site using your account.

This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Colorado. By using the Earth Protect Sites, you consent to the exclusive jurisdiction of the state and federal courts located in Colorado, in all disputes arising out of or relating to this Visitor Agreement.

In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

By using the Earth Protect Sites, you agree to these terms. We welcome suggestions for improvements.

Thanks for making the Earth Protect Site part of moving “From Image To Action” online!

Privacy Policy

The Earth Protect, Inc. Privacy Policy describes how Earth Protect and its units treat personal information when you use Earth Protect services, including information provided when you use www.EarthProtect.com. To understand how we treat the information you give us as you use www.EarthProtect.com, you should read this policy.

Personal Information

1. Non-Account Activity. You can watch videos on www.EarthProtect.com without having an Earth Protect Account. You can also contact us about a particular video without having an Earth Protect Account.

2. Account-Related Activity. Certain other activities on Earth Protect—like uploading videos, posting comments, flagging videos, or watching restricted videos—require you to have an Earth Protect Account. We ask for some personal information when you create an Earth Protect Account. including your email address and a password, which is used to protect your account from unauthorized access. An Earth Protect Account allows you to access many of our services that require registration.

3. Usage Information. We may record information about your usage, such as when you use Earth Protect, the aspects of the site, groups, and favorites you subscribe to, the contacts you communicate with, the videos you watch, and the frequency and size of data transfers, as well as information you display or click on in Earth Protect (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to our users to track which emails are opened by recipients.

4. Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others. Earth Protect shall have no responsibility for nor any liability concerning the above disclosures.

5. If you submit personally identifiable information to us through the Earth Protect Sites, we use your personal information to operate, maintain, and provide to you the general and personalized features and functionality of the Earth Protect Sites, and to process any flagging activity or correspondence you send to us.

6. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the Earth Protect Sites and other Users can contact you through messages and comments. Any videos that you submit to the Earth Protect Sites may be redistributed through the Internet and other media channels, and may be viewed by the general public. If you have enabled Active Sharing, other users may see that you, as identified by your account name (not your email address), are watching the same video.

7. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Earth Protect Site changes or for customer service purposes).

8. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Earth Protect Sites and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications.

9. We may use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Earth Protect Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. If you download the Earth Protect Uploader, your copy of the of the Uploader includes a unique application number. The unique application number and information about your installation of the Uploader (e.g. version number, language) will be sent to Earth Protect when the Uploader automatically checks for updates.

Your Choices

1. You may, of course, decline to submit personally identifiable information through the Earth Protect Sites, in which case you can still view videos and explore the Earth Protect, but Earth Protect may not be able to provide certain services to you. Some advanced Earth Protect features may, for authentication purposes, require you to sign up for other Earth Protect services. The privacy notices of those services govern the use of your personal information associated with them.

2. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page.

3. You may clear your viewing history at any time through the “Viewing History” feature.

Third-party Advertisers, Links to Other Sites

Earth Protect allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Earth Protect Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Earth Protect Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

Earth Protect does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Earth Protect to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Earth Protect Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Earth Protect’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

More Information

Earth Protect adheres to the US Safe Harbor privacy principles. If you have additional questions, please contact us any time through the address in the Contact US portion of www.EarthProtect.com.

Thank you for your interest in and participation in Earth Protect, together we are moving “From Image to Action” towards a sustainable environment.